Eurosport

LEGAL INFORMATION AND TERMS & CONDITIONS

LEGAL INFORMATION AND TERMS & CONDITIONS
By Eurosport

03/10/2008 at 17:49Updated 03/10/2014 at 17:49

LEGAL INFORMATION AND TERMS & CONDITIONS

LEGAL INFORMATION AND TERMS & CONDITIONS

THIS INTERNET SITE (hereafter referred to as the "Site") IS OWNED BY ITS PUBLISHER AND MANAGER, EUROSPORT SA (hereafter referred to as "Eurosport").

Legal status: EUROSPORT SA, company with a capital of € 15,000,000

Head office: 3 rue Gaston et René Caudron – 92798 Issy-les-Moulineaux CEDEX 9 - FRANCE

Corporate register: Nanterre no. B 353 735 657

Publishing manager: Laurent-Eric Le Lay (Managing Director)

Phone number: + 33 (0) 1 40 93 80 00

The aim of the Sites published by Eurosport is to offer you services (hereafter referred to as the "Services") and particularly to offer you sports information, news, games, forums, etc. on the condition that you ("you" and/or the “User”) agree to respect the terms and conditions contained herein (hereafter referred to as the "Terms & Conditions).

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY

By connecting to the Site, you agree to respect these Terms & Conditions, which Eurosport may alter at any time without notice. You should therefore read these Terms & Conditions on our Site as often as possible under the section “Legal Information” or "Terms & Conditions".

We specify that regarding access to certain Services and, in particular, the creation of personal pages using “blogs” or services subject to purchase, Eurosport may have or, in the future, make specific rules regarding their usage. These rules shall be considered to form part of the Terms & Conditions and must be respected by all users.

In an effort to protect minors, we also bring to the attention of users' legal representatives the fact that our Services are intended to reach a very wide audience. This is why Eurosport requests that parents and legal guardians monitor the use made of these Services by those under their responsibility.

1. REGISTRATION FORMS AND PERSONAL DATA

By completing and submitting the registration form on the Site, you will be able to access certain Services. Eurosport collects and uses two types of information about users of its sites: (1) Personal information (hereafter referred to as “Personal Data”) and (2) Aggregate information (hereafter referred to as “Aggregate Data”).

a - Personal Data

“Personal Data” refers to all individual information provided by Users of our Sites, regardless of its nature. This includes the surname, first name, address and age (whether or not such data allows the User to be identified directly and whether or not such data was provided voluntarily by the User or gathered in the course of the User’s activities on the Sites. Eurosport cannot collect, use or transfer your Personal Data without your authorisation.

The above notwithstanding, you agree that Eurosport may collect, use and transfer your Personal Data if it believes it necessary to do so in order to (a) respect legal requirements, (b) protect and/or defend the rights of Eurosport, (c) enforce these Terms & Conditions or (d) protect the rights and/or interests of Users of the Site or members of the public.

We specify that collected Personal Data is necessary to access the Services offered on our Sites and is relevant with regard to the objectives pursued by Eurosport. When Personal Data is being collected, the User shall be informed as to the mandatory or optional nature of the information requested, as well as the possible consequences of a failure to respond.

Personal Data collected when a User subscribes to one of the Services, whereby a "User name" and “Password” are created, will enable the User to register for all Sites and access most available Services and the Eurosport Community, except for Services that require additional Personal Data.

Once the User subscription has been validated by Eurosport, it is advised that you store your “User name” and “Password” and do not give them to anyone. The profile created during the subscription process determines the rights and obligations of each User and Eurosport will refer to this profile in the event that these Terms & Conditions are breached.

By voluntarily providing Personal Data and accepting the provisions of these Terms & Conditions, Users recognise and accept that Eurosport may:

store the Personal Data concerning the User, as well as any other information regarding the User's movements around the Sites and/or any partner site within a period that is reasonable in view of the Personal Data provided and related Services;

contact you with relevant material, for example about your use or potential use of the Site and/or other Sites owned or managed by Eurosport;

transfer your Personal Data to other companies affiliated to Eurosport;

transferring your Personal Data to any Eurosport site franchise partner in the event of the Site being managed or published by Eurosport for a third party franchise partner (e.g. a club or organisation);

transfer your Personal Data to any data processors that Eurosport may have nominated to act as its agent for any of the above activities. The Data will remain under the control and management of Eurosport;

transfer your Personal Data to any country in which a Eurosport server is located for the purpose of giving you access to the Sites and Services of the Eurosport network and conducting the above activities;

transfer the Personal Data to the home country of companies affiliated to Eurosport.

We specify, however, that all abovementioned data transfers to foreign countries shall be carried out according to current statutory law and shall thereby ensure Users receive adequate protection.

Furthermore, by checking certain options in subscription forms for particular Services, Users also agree to their Personal Data being transferred to third parties selected by Eurosport for their ability to protect the Personal Data in accordance with current statutory law and provide Users with useful information.

As a result, Users recognise and accept that these third parties may transfer information to Users, including promotional offers.

b - Aggregate Data

The Aggregate Data is public and non-confidential. Eurosport is free to use this information without restriction and may therefore transfer it to third parties of its choice. This Aggregate Data, be it statistical or demographical, shall not include personal details through which the User could be identified. Apart from the abovementioned non-confidential information on the Registration Form, information concerning movements around the Sites will also be collected. All data referred to in this clause is only used in aggregate form and shall not be used to identify individual Users.

c - Cookies

Eurosport uses "cookies" to speed up access to the Sites. A cookie is a small piece of information sent from Eurosport to your computer to help us identify you quickly. It is possible for you to disable these cookies by changing your browser settings, but this may slow down or prohibit access to parts of the Site(s).

d - Security

Data security is of paramount importance to Eurosport. We use a variety of software to ensure optimum security levels.

2. INTELLECTUAL PROPERTY RIGHTS RELATING TO SITE CONTENT

a - Eurosport Content

All material on the Sites is owned by Eurosport and is protected by copyright and trade mark laws and applicable international conventions. You may not reproduce, copy, sell, modify, republish, post, distribute or use in any way all or part of the material contained on these Sites, including in particular the underlying code and software, save as authorised under the Terms & Conditions.

You are only authorised to use the Sites and their contents for your personal and non-commercial use. This amounts to viewing the Site and printing off individual pages or sections for personal use.

b - User Content

You authorise Eurosport to reproduce, copy, transfer, modify, republish, post, distribute and generally use without restriction the information you provide through all means of communication, including messages posted on bulletin boards, the content of forums, uploaded files and data input ("Content").Each User must ensure that the Content posted by him/her on the Sites through whatever means respects all the provisions contained in these Terms & Conditions.

Each User also authorises Eurosport – worldwide and for the legal duration of intellectual property rights as defined by European regulations – to reproduce, copy, represent, transfer, modify, translate, republish, post, distribute and generally use without restriction all or part of the Content provided by the User through all means of communication and transmission, including forums, blogs*, uploaded files and data input (this list is non-exhaustive).

This authorisation does not apply to the Content of messages in existing or future personal e-mail accounts, whose privacy and integrity prohibit their use by third parties.

* a "blog" (or "webblog") is a personal website made up primarily of information clips (or “posts”) which appear in ante-chronological order (with the most recent at the top of the page). Readers can add their comments and external links are often provided.

3. EUROSPORT'S OBLIGATIONS

Eurosport will endeavour to make its Sites and related Services available at all times and will make reasonable efforts to ensure the accuracy and truth of content provided by Eurosport. We remind you, however, that Eurosport provides no guarantee of any kind, explicitly or implicitly, in regard to said content, other than those provided in the Terms & Conditions.

We specify, however, that the secrecy of Internet-based communication cannot be guaranteed; it is up to each Internet User to take the necessary steps to protect his/her own data and/or software from possible contamination by viruses that may be active on the web.

4. USER OBLIGATIONS

a – Data provided

As a User of the Sites and Services, you must ensure the accuracy and truth of all information communicated to Eurosport, in particular when subscribing to the Eurosport Community and/or when using certain Services that require your Personal Data.

You take full responsibility for the Content of information you submit to or post on the Sites. In particular, you warrant that all content submitted to or posted on the Sites by you does not violate the rights of any third party. You may only use the Sites and Services for personal and non-commercial purposes. You will ensure that all information provided on the Registration Form is accurate and kept up to date.

b - Content

You agree to abide by all applicable local, state and national laws and regulations and applicable international conventions and to take full responsibility for all acts or omissions that occur through your use of the Services available on our Sites, including all activities that take place through your e-mail account.

You will not use the Sites or Services for the following purposes: to send chain letters, junk e-mail, spam or any duplicative or unsolicited messages (commercial or otherwise); to gather or otherwise collect, using whatever means, information about others without their consent, including e-mail addresses; to create or use a false identity, forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; to transmit inappropriate Content as defined below; to transmit any material containing viruses or any other material that could be damaging or harmful to the Sites or to third parties or that is in breach of the law; to attempt to gain unauthorised access to the Services, other accounts or networks connected to the Sites by using various passwords or any other means; or to interfere with another user's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

Furthermore, Users recognise that the Content (all information, data, hyperlinks, texts, software, music, sounds, photographs, images, videos, messages or any other material) provided to the public by them, particularly through the use of blogs, or transmitted as private correspondence is THEIR SOLE RESPONSIBILITY. Eurosport accepts no responsibility for any such material.

Users recognise that Eurosport is unable to foresee the Content of material provided by them before it is transmitted. We specify, however, that Eurosport reserves the right to use content moderators and to delete contentious material without notifying the User.

Users are therefore fully responsible for the Content of material that they post, upload and transmit through whatever means, particularly through the use of hyperlinks, and also guarantee Eurosport that they shall not transmit any material that Eurosport considers to be inappropriate with regard to the law, such as the following list of material, which is in no way exhaustive:

- all language, comments, remarks and images considered by Eurosport to be obscene, deceiving, illicit, racist, defamatory, which constitute harassment, violate the rights of third parties or their private lives or which restrict and/or prevent the use by other Users, where applicable, of forums or chat rooms available through the Site(s);

- all Content inciting crimes or other offences or provoking discrimination, hate, violence or the sale or purchase of illegal objects and/or other material;

- all Content that threatens to prejudice and endanger minors, such as any message that is of a violent or pornographic nature or that prejudices human dignity.

Users acknowledge that Eurosport may be obliged to restrict the duration of conversations or limit the size of each User’s Content and the memory allocated to each User, particularly in the case of blogs.

Given the worldwide character of the Internet, Users must respect “Netiquette” and all rules applicable in the country on whose websites they may post material of any kind. Consequently, Users must respect the statutory laws governing the transmission of material from France, as well as from their country of residence, where different.

c - Hyperlinks

Users acknowledge that the creation of hyperlinks to the Sites is subject to the approval of the Publishing Manager.

d - Hardware and access

We remind Users that access to the Services, to the Eurosport Community and to the Sites generally depends on Internet access and all the hardware necessary for such access, such as a modem. This access must be paid for by Users.

Users commit to using the Sites and all Services for personal and non-commercial purposes only and guarantee they will take all necessary steps to ensure that all information provided on their Registration Form is accurate and up to date. This is done by clicking on the Community/Profile section.

5. EUROSPORT'S RIGHTS

Eurosport shall be entitled to discontinue all or part of the Sites or Services or to disable any particular User's account or access rights at any time and without notice.

Eurosport reserves the right to change any or all of these Terms and Conditions without prior notice.

Eurosport reserves the right to terminate a Services subscriber’s account, particularly access to blogs, if the User fails to log in within 10 days or more of registration or if the holder of said account fails to log in for a period of 120 days after his/her last recorded connection to the Services.

Eurosport may delete unread e-mails after 90 days. Eurosport shall have no obligation to preserve any material in your account or to forward any unread or unsent messages to you or any third party. Eurosport shall have the right (but not the obligation) to monitor any publicly posted material and to modify, delete or remove without notice any Content or comments that it may deem inappropriate or otherwise in violation of these Terms & Conditions.

6. DISCLAIMER/LIABILITY

Use of the Sites and Services and all material or information obtained therein is the sole responsibility of the User. Eurosport provides Users with no guarantee of any kind, either explicit or implicit, of the quality of the Services on its Sites, of their merchantability or fitness for a particular purpose or of results sought by the User and hereby disclaims all responsibility in the event of legal challenges, proceedings or recourse by third parties who may seek to enforce rights, in particular proprietary claims, over any material not created by Eurosport. In addition, Eurosport shall not be responsible for performance failures of the Sites and/or the software used or downloaded thereon, for the loss of data or services resulting from the delay, modification, suspension or interruption of the Services, for the accuracy, quality or nature of information obtained through the services or for the direct or indirect consequences of a virus being transmitted through the Sites’ servers. Nor shall Eurosport be responsible for any direct or indirect damage caused, and in particular shall not be responsible for the loss of future profits, clients, data or intellectual property rights or for any other loss or damage arising directly or indirectly from (a) the use of or failure to access the Sites or (b) incorrect use by a User. Eurosport does not, however, disclaim responsibility for death or personal injury.

In relation to User Content, Eurosport shall not be responsible for any such Content posted by Users in chat rooms or other discussion services. All such Content, be it opinions, statements, recommendations or viewpoints, are representative of Users only and Eurosport disclaims all responsibility and liability for such Content..

The Sites may be linked to or from other sites that are not managed or published by Eurosport. Eurosport does not control in any respect any information, products or services offered by such other sites and disclaims all responsibility for their content. For example, Users may be able to purchase goods and services via other sites, some of which may be through third party retailers who have links on our Sites. Users may also enter into correspondence with or participate in advertising promotions on the Sites. Eurosport in no way endorses these third parties and any such transactions, operations, correspondence with or participation in promotions of third parties, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such matters are solely between the corresponding User and the third party. Eurosport assumes no liability, obligation or responsibility for any part of any such transaction, operation, correspondence or participation.

You agree to indemnify Eurosport in respect of any proceedings, losses, costs, loss of profits, loss of data and all other direct or indirect damage resulting from a breach by you of any of the terms of this agreement.

7. JURISDICTION

These Terms & Conditions shall be governed by and construed in accordance with French law and the parties submit to the exclusive jurisdiction of the competent Courts of Paris.

If any one provision of the Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Eurosport's failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Eurosport in writing.